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WARREN, LITTLE & LUND, INC. v. MAX J. KUNEY CO.

No. 9566-5-III.

56 Wn. App. 74 (1989)

782 P.2d 222

WARREN, LITTLE & LUND, INC., Respondent, v. MAX J. KUNEY COMPANY, Appellant.

The Court of Appeals of Washington, Division Three.

November 21, 1989.

Attorney(s) appearing for the Case

Lynden Rasmussen, Carl Hueber, and Winston & Cashatt, for appellant.

Robert H. Lamp and Witherspoon, Kelley, for respondent.

MUNSON, J.

Max J. Kuney Company (Kuney) appeals the trial court's order granting summary judgment to Warren, Little & Lund, Inc. (WL&L) on its subcontractor's claim for retainage withheld by the contractor, Kuney, and dismissing Kuney's counterclaim for breach of an unrelated contract. The issue is whether the trial court should have permitted Kuney to set off its unliquidated counterclaim against WL&L's liquidated...

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